tag:www.hamralaw.com,2013-03-21:/blog/726972018-01-29T18:00:37ZMovable Type Enterprisetag:www.hamralaw.com,2018:/blog//72697.31149982018-01-29T18:01:37Z2018-01-29T18:00:37Z
When you think about divorce, do you imagine heated court battles, vengeful acts and a constant tug-of-war? If you do, you are not alone. It is sometimes a deterrent for couples who want out but do not want to experience those circumstances.

However, the truth is that you have other options besides fighting in court and having a judge determine the outcome. Litigation is sometimes necessary, but when it is not, it is only harmful to your time, money and family. Try the best way to divorce instead.

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Mediation

Mediation entails you and your spouse meeting with a neutral third party who helps you two create the terms of your divorce. The mediator cannot force you to do anything and does not serve as individual legal counsel. The purpose of the mediator is to guide you through the respectful and effective process of taking charge of your own divorce.

All of these in turn also result in fewer negative effects on the children. You and your spouse may not like each other, but having the common goal of doing what is best for the kids can make you good candidates for mediation. Even if you cannot agree on every area, you can eliminate the need for a judge to decide on some matters.

Negotiation

When neither mediation nor litigation is the right solution, negotiation is another choice. This is a middle ground between the two. You each hire your own lawyers and meet together to negotiate a divorce settlement out of court. This way, you have an advocate to defend your needs but without using aggression or encouraging fighting. Cooperation is the goal. If you cannot meet it, then you can move on to traditional litigation.

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tag:www.hamralaw.com,2017:/blog//72697.29159142017-11-08T05:54:34Z2017-11-08T05:53:34Z
The divorce is final, and you have settled into your new life. With the exception of possibly needing to make modifications in the future, you no longer have to worry about the legal effects of your divorce, right?

Wrong. The end of your marriage impacts more than just child custody and property division. It also requires that you alter your estate plans to reflect your current state of affairs. Make these changes now to ensure your assets go where you want them to and your children receive protection if you pass away.

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Available assets

First, review what assets you still have after the divorce. You cannot pass something along that is no longer yours or that you had to sell. Along with tangible property, be sure to include retirement benefits, insurance policies, investments and other financial accounts in your review and updates.

Beneficiaries

Next, reconsider whom you have named as beneficiaries. You may want to remove your ex as one or reduce his or her inheritance amount. Reconsider anyone else whose relationship with you the divorce has affected. Be clear to avoid a contest of your will, which will lengthen the probate process and put your wishes at risk.

Legal roles

Your estate plans should also include appointments to legal roles, such as guardians and powers of attorney. Most likely, you gave your former spouse and/or in-laws some of these roles. You probably no longer want these people to make major life decisions in your or your children's behalf. Finding new appointments may be difficult but worth the peace of mind knowing that they will respect your desires.

Look over your estate plans every few years to ensure they are still relevant to your circumstances. Remember to make updates if you lose or acquire property, remarry or have more children. When it comes to remarriage, take advantage of options that protect your assets and children.

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tag:www.hamralaw.com,2017:/blog//72697.27053672017-08-04T20:41:45Z2017-08-04T20:40:45Z
Child support orders are a legal obligation that can have serious consequences if not fulfilled. Whether you are depending on support from an ex or have an order to submit support payments, there are a few things you should know about enforcement methods when the supporting party does not make payments. According to the Missouri Bar, the Family Support Division assists parents seeking to enforce support orders.

The following are three ways that the division may enforce support orders if it becomes necessary. Whether you are on the giving or receiving end of child support, acquiring a legal representative may help you navigate the legal system and protect your rights. There are options available for parents who are struggling to make payments and those seeking support from a noncustodial parent.

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1. Wage garnishment

Wage garnishment is typically the most common and the first step in collecting overdue child support payments. It surprises many people when their paycheck is leaner than usual, and this is because courts can sometimes impose a garnishment even without notice. After the payment of any overdue sum, deductions from paychecks may continue.

2. License suspension

In some cases, courts may suspend or revoke a noncustodial parent's driver’s license due to nonpayment of a child support order. Professional licenses may be subject to disciplinary action, too, the parent does not make any payments. If law enforcement pulls you over with a suspended license, this will only compound the legal trouble you are already in, so avoiding this penalty is important.

3. Interception of tax refunds

Noncustodial parents who owe significant amounts of child support may find that their tax return vanishes come April. Indeed, courts can deduct any sum that is overdue from the refund you receive to pay it to the custodial parent. This depends on the sum of your refund and the amount you owe, but it is a possibility nonetheless.

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tag:www.hamralaw.com,2017:/blog//72697.25808282017-05-02T20:11:34Z2017-05-02T20:10:35Z
No matter where you are in the divorce process, you may find yourself wondering how you can co-parent with your ex-partner in St. Charles County when there is so much animosity and arguing. You may not want anything to do with your spouse now that you are moving on. But if you want to minimize the amount of stress and conflict your children will endure because of the situation, you should learn how to tolerate your soon-to-be ex-spouse.

A divorce decree does not change the fact that your kids have two parents. You do not need to live together or agree about everything to raise them successfully. You just need to develop a good co-parenting plan and stick with it.

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Change your perspective

With everything that you are going through in your divorce, you may find it hard to see your situation clearly. Your needs become secondary to your kids' needs when it comes to parenting. Your children need parents who are going to fight for them and put their best interests first, and it can be hard for you to see or know what they need if you cannot see things from their perspective. Try to put yourself in their shoes periodically so you can get a better understanding of how they perceive their new lives, you and their other parent. Use that information to improve your parenting skills and co-parenting efforts with their other parent.

Let it go

Sometimes you may not agree with your ex-partner’s actions or words. You may not even agree with the way he or she is parenting your kids, but that does not mean you should try to control everything he or she does or says. As much as you may want to control things, you need to accept your situation and let go of control. Focus your efforts on controlling yourself to improve your parenting behavior so that it motivates your former partner to do the same.

Co-parenting is not always an easy job, but with careful planning and consideration from both parents, it can work. If you and your ex-spouse are having a hard time creating or honoring your parenting agreement or child custody order, you should speak to an attorney to learn about your options.

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tag:www.hamralaw.com,2017:/blog//72697.24455682017-02-02T19:20:42Z2017-02-02T19:22:23Z
Divorce is often a challenging and confusing time for families in Chesterfield. Even though it is the parents who are separating, children tend to have trouble understanding the situation. With tensions and emotions running at an all-time high, parents may become so wrapped up in themselves that they fail to recognize that they owe their kids more than just a simple explanation for what is going on. If you are in the process of splitting one household into two, here are some things you should take into consideration about your children's feelings and divorce.]]>
Recognize and understand their feelings

Your children may feel sad, angry and stressed out about the changes taking place in their lives. Acknowledge their feelings and encourage them to share them with you. Regardless of their ages, you should never act dismissive about their feelings, or you might risk alienating them. Do not forget to inform your kids that you and their other parent still love them and that your relationship with them is not going to change, even though you may be living in two different households.

Keep the messy details to yourself

You can be open with your children about the situation, but spare them the messy and personal details that have led to your separation. Assess your children's individual maturity levels so you can determine the best way to say what you need to say in a calm, peaceful and soothing manner.

Do not leave them in the dark

Your kids will likely have questions about what is to come. You should try to remember that they thrive best when there is predictability. Informing them about custody and parenting agreements, living arrangements and other details that are pertinent to their daily lives can help to minimize the emotional changes they may experience.

Do not allow your kids to blame themselves

Many kids tend to blame themselves when their parents are unable to work things out. Do your best to remove this misconception from their minds. Encourage them to ask questions so you can address their concerns and alleviate their fears and feelings of guilt. Make it clear to them that they are not responsible for what happens between mommy and daddy. Remain patient with your children. Some days they may appear to be fine with the situation, other days they may not. No matter how they respond to the news in the short- and long-term, you should continue to be supportive towards them and offer reassurance as needed.

Stay honest about your divorce situation with your children and considerate about their feelings. Pay attention to their behavior so you can spot any difficulties they may have as soon as possible. To help make the adjustment easier for you and your kids, you should consider speaking to an attorney for guidance.